RTO Insider covered D.C. Circuit Court of Appeals skepticism of arguments that FERC exceeded its jurisdiction when it issued Order 841, quoting AEE's Jeff Dennis. Read excerpts below and the entire RTO Insider piece here (sub. req.).
The D.C. Circuit Court of Appeals seemed unconvinced by arguments that FERC exceeded its jurisdiction by refusing to let states opt out of Order 841, which opened wholesale markets to energy storage.